Begley v. Missouri Pacific Railroad

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this proceeding against his employer, the Missouri Pacific Railroad Company, for an injury sustained in the course of his employment while lifting a rail from the side of a switch track in the defendant’s cypress yards in Kansas City. The rail had been removed from the switch track and thrown upon the side of the railway embankment, where it lay for several days. The accidental injury to plaintiff occurred by overexertion when he and some fellow workmen were lifting the discarded rail to place it on a push car so that it…